A British Columbia man convicted in Thailand for sexually abusing children
has been set free in Canada, but a judge has imposed strict public safety
conditions on the pedophile once dubbed Swirl Face. Christopher Neil must be
watched for the next 18 months to prove he’s not a danger, provincial court
Judge Patrick Chen ruled Wednesday in Richmond, B.C.

Mr. Neil’s lawyer told court the 37-year-old former English teacher would
willingly follow the restrictions. “If he hadn’t agreed, there would have been
bail conditions probably for a year until a hearing. And as it stood, he wanted
to get it over with,” duty counsel Mark Thompson, who was appointed to defend
Mr. Neil, said outside court.

“His penalty starts now instead of eight to 12 months, whenever a trial would
be.”

Mr. Neil pleaded guilty and spent five years in a Thai prison after an
international manhunt was triggered in 2007 when computer experts unscrambled
images on the Internet of him abusing children. Crown lawyer Gerri-Lyn Nelson
asked that probation-like conditions be enforced for two years. She said she
wasn’t aware Mr. Neil had taken any sex-offender treatment programs while he was
in custody.

Mr. Thompson, however, argued an 18-month term was sufficient, noting some of
the conditions were “quite onerous.”

“As distasteful as the Thai court found what he has done, it is not on the
scale of the worst sex offender(s),” he told court. “One could assume there are
worse sex offenders out there.”

Some of the conditions Mr. Neil is ordered to abide by include surrendering
his passport, staying away from places where children under 16 would congregate
and not having access to the Internet. He must also remain in B.C., frequently check in with a probation
officer and attend a treatment centre.

Mr. Neil faces no charges in Canada, but police used a section of the
Criminal Code aimed at protecting public safety to arrest him last Friday when
he arrived at Vancouver’s airport.

The RCMP’s Integrated Child Exploitation unit sought a protective order under
Section 810.1 because they believe he is a risk to reoffend.

“With any travelling predator, the conditions I like are behind bars, but I
can live with what’s been done today,” said Brian McConaghy, a former RCMP
officer who was part of the initial investigation but now runs a rights group
for child sex abuse victims in Cambodia.

“I think it’s been done well, it’s been done quickly in terms of
having conditions on a man that is clearly dangerous towards children. I just
hope there’s more coming down the pipe in terms of legal process for
him.”

Mr. Neil wore red prison-issued clothing and appeared to be
listening with his eyes cast downwards throughout his hearing.

The judge gave Mr. Neil an opportunity to speak before making his
ruling, but Mr. Thompson said his client did not wish to address the
court.

Mr. Thompson said he is aware there may be a warrant out for Mr.
Neil in Cambodia, but noted that country would likely have to extradite him if
in order to prosecute him.

He’s not sure what Mr. Neil plans to do now that he’s free,
noting the former Maple Ridge, B.C., resident taught English to prisoners in
Thailand. But he said the man might try to find a job where he doesn’t have much
contact with the public in order to abide by the ruling.

“His family doesn’t welcome him, so I don’t think he’s going back
to Maple Ridge,” Mr. Thompson said, referring to the city east of
Vancouver.

Mr. Neil was arrested in Bangkok in the fall 2007 after police
seized images from a storage locker depicting him engaged in sex acts with
children.

He pleaded guilty to sexually assaulting two boys and was
sentenced to six years, six months for the crimes.

Court heard Mr. Neil was put on a plane back to Canada after
getting amnesty from the queen of Thailand for good behaviour while in
prison.

The hunt for Mr. Neil began in 2004, when police in Germany
discovered several hundred pictures of someone engaged in sex acts with
boys.

The images were being distributed online, and the abuser’s face
was obscured by a swirl, which later prompted international media to dub the
person Swirl Face.

Police were then able to remove the swirl and determined the
images were coming from a computer IP address located in Maple Ridge,
B.C.

Interpol led the worldwide search that located Mr. Neil in Korea,
where he was teaching English. He fled to Thailand, where he was
apprehended.

The RCMP’s Integrated Child Exploitation unit has said a further
sex tourism investigation is not being pursued against Mr. Neil because that
would be considered “double jeopardy” after the man has already served his
sentence.

However, police remain mindful of the case and will never
entirely close the possibility of another investigation related to possible
offences in other countries.

The conditions imposed by the court will lapse if the Crown does
not seek a renewal by the end of the 18 months.

Canada’s sex tourism laws, enacted in 1997, ensure the country
can prosecute a citizen who commits crimes overseas.

According to the RCMP’s Canadian Police Centre for Missing and
Exploited Children, the law has so far been used five times.